No. 23-6657

Erick Cruz v. New York

Lower Court: New York
Docketed: 2024-02-02
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof due-process evidence-authentication fair-trial opening-statements powerpoint-presentation presumption-of-innocence prosecutorial-misconduct trial-court-error
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED : Q1: During opening statements, the trial court, over defense counsel’s objections, . allowed the prosecution to use a Powerpoint presentation. This Powerpoint : presentation contained slides of hundreds of pages of transcribed telephone conversations (which were never properly authenticated), and annotated pictures which, amongst other things, contained telephone numbers of cell phones that were i assigned to this writer, but the cell phone was never entered into evidence. The : Powerpoint presentation also contained mug-shot like. photographs which, by pictorial placement, established the Petitioner as the leader of the conspiratorial scheme that was the subject of this indictment, a fact that was never established by . legally sufficient evidence during the course of the trial. la: Did this violate the Petitioner’s right to a fair trial, and/or the presumption of evidence? lb: Did this impermissible shift the burden of proof from the State to the Defense? le: Is there any constitutional. significance between using a PowerPoint presentation during opening statements, as opposed in using the same during closing arguments? : Q2: Did the trial court violate the petitioner’s constitutional rights when, over defense counsel’s objections, it delivered a coercive Allen charge for the deadlocked jury _ urging jurors to resume deliberation, and warning them that the trial would have to ; be repeated without instructing that any verdict reached must be the verdict of each individual juror and not mere acquiescence in the conclusion of others? . : Q3: Can a conviction for criminal possession of a controlled substance in the first and | third degrees be considered constitutionally valid if there was no legally sufficient evidence submitted at trial to corroborative possession and/or sale of the specified quantity of the controlled substance charged in the indictment?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)

Attorneys

Erick Cruz
Erick Cruz — Petitioner